Pubdate: Fri, 21 Jun 2013
Source: Arkansas Democrat-Gazette (Little Rock, AR)
Copyright: 2013 Arkansas Democrat-Gazette, Inc.
Contact: http://www2.arkansasonline.com/contact/voicesform/
Website: http://www2.arkansasonline.com/
Details: http://www.mapinc.org/media/25
Author: John Lynch
Page: 3B

JUDGE DENIES BID TO MAKE MAN LEAVE HOME

Having substantially less methamphetamine than it would take to fill a
sugar packet is not enough reason to put a Mabelvale man out of his
home, even temporarily, if it's not bothering his neighbors, a Pulaski
County Circuit judge told Little Rock attorneys who are asking the
judge to declare a 1,436-square-foot residence a public nuisance.

Judge Tim Fox denied a request by Assistant City Attorney Cliff Sward
to issue a temporary order against Lewis Curtis "Kurt" Hammons II that
would force the 42-yearold man to vacate and board up his 88-year-old
home at 9715 Mabelvale Pike until a final hearing resolves whether his
home should be deemed a nuisance by the judge, which would allow city
officials to tear the home down and make Hammons pay for it.

Hammons' attorney, Greg Bryant, urged the judge to let Hammons keep
his house. Bryant said the city's interpretation of the
nuisance-abatement statute, Arkansas Code Annotated 16-105-401, would
allow the city to seize property if authorities could prove that a
"single flake" of methamphetamine or a "a leaf" of marijuana had been
consumed on the premises. Bryant also complained the city's
accusations against his client were preventing the man from selling a
1,600-square-foot section of his property to the Little Rock School
District which had inquired about purchasing the land.

Sward told the judge all the city has to prove under the statute is
that the property has been used for "selling, storing, keeping,
manufacturing, using, or giving away" illegal drugs.

But the judge said the city had offered no proof that whatever Hammons
was up to - and Fox said he was sure it was using methamphetamine -
was upsetting the neighbors.

Until a full hearing can be conducted, Fox said he'd issue an order
restricting Hammons from illegal activity on the premises with the
threat of being jailed for contempt if he violates the judge's conditions.

The city's nuisance claim was based on Hammons' December arrest at the
house. Little Rock narcotics detective Lawrence Welborn told the judge
that investigators found at least three drug pipes, three loaded
pistols and a shotgun in the home. Court records show that Hammons
faces drug and gun charges that together carry a potential life
sentence. Possession of less than 2 grams of methamphetamine carries
at most six years in prison.

Also, undisclosed to the judge on Tuesday, was the fact that Hammons,
who appears to have no felony convictions, also is facing
methamphetamine-trafficking charges from a January 2012 arrest at his
home where police reported seizing a pistol, a rifle and about 2 grams
of meth. Trial in those cases is pending.
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